2001 Volume 38 Issue 5 Pages 591-599
Prior to recent revisions, civil law had established a system of interdict and quasi-incompetency. This system was begun in 1898 and, up until the revisions of April 2000, it had spanned more than one hundred years without undergoing any major changes. Statistically, there was a steady increase in the number of pronouncements and retractions of incompetency in recent years. A 1980 survey showed that people in their 40s were the most common, and that the proportions of psychiatric disorder, mental retardation, and dementia were of nearly the same level. A 1996 survey, in contrast, showed a greater proportion of elderly, with about half of cases being dementia or a vegetative state. The new adult guardianship system currently in place, as well as a voluntary guardianship system (enduring power of attorney), was established together with the change from the interdict/quasi-incompetency system to a system of assistance, curatorship, and guardianship. The care insurance system that was put in effect at the same time shifted from an enforcement system to a contract system, so the judgment ability of the person at the time of the decision to enter the contract has become an issue. Finally, in dealing with people with dementia, especially mild dementia, problems arise as to the best method of informed consent, including notifying people of their specific disease, and who should decide the treatment for incompetent people with dementia.
